Archive for the ‘Litigation’ category

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. and non-U.S. climate litigation charts.  If you know of any cases we have missed, please email us at columbiaclimate at gmail dot com. Here are the additions to the U.S. Climate Case […]

A July 2016 federal court decision has upheld Wyoming laws that impose criminal and civil penalties for collection of “resource data”[1] when the collection involves trespassing on private lands, even when the trespass is unintentional, and even when the trespass is incidental to the collection. The Wyoming legislature enacted these laws in 2015, outlawing the […]

On June 14, an Arizona trial court ruled that the University of Arizona must turn over more than a decade of university climate scientists’ emails to the Energy & Environment Legal Institute (“E&E”), a group that, in its own words, “pepper[s] universities around the country” with open records requests as part of a mission of […]

Justin Gundlach Climate Law Fellow As round after round has passed in the political and legal struggle at the federal level over regulating sources of greenhouse gas (GHG) emissions, states have rushed in to try to fill the void. Minnesota sought to do so in 2007 when it passed the Next Generation Energy Act. That […]

The Columbia Environmental Law Clinic wins a critically important case involving the regulation of greenhouse gas emissions in Massachusetts. Today, the Massachusetts Supreme Judicial Court released a unanimous decision ordering the state’s Department of Environmental Protection (DEP) to take additional measures to implement the 2008 Global Warming Solutions Act. Specifically, the Court held that DEP […]

In recent months, there has been a growing succession of actual and proposed investigations into fossil fuel companies, and their purported collaborators, over whether these groups lied to the public or investors about the risks of climate change. The investigations come amid a series of reports that the fossil fuel industry – Exxon Mobil in […]

by Michael Gerrard, Faculty Director Yesterday Magistrate Judge Thomas Coffin of the U.S. District Court of Oregon recommended denial of motions to dismiss a suit brought by a group of young people who alleged that excessive carbon emissions are threatening their future. The plaintiffs also include Dr. James Hansen, who is named as a guardian […]

The Sabin Center has recently posted a working paper, Downstream and Upstream Greenhouse Gas Emissions: The Proper Scope of NEPA Review.  The paper was co-authored by Executive Director Michael Burger and Associate Director and Fellow Jessica Wentz and will be published in the Fall 2016 edition of the Harvard Environmental Law Review. The paper explores […]

by Michael Burger and Justin Gundlach This morning the Sabin Center filed an amicus brief in support of EPA’s Clean Power Plan on behalf of a coalition of local government representatives including the National League of Cities, the U.S. Conference of Mayors, and 54 U.S. cities, counties, and mayors. (Check the end of the post […]

Jessica Wentz Associate Director and Fellow Yesterday, the Bureau of Ocean and Energy Management (BOEM) released the Draft Programmatic Environmental Impact Statement (DPEIS) for the 2017-2022 Outer Continental Shelf (OCS) Oil and Gas Leasing Program. The DPEIS accounts for the impacts of climate change on program activities. It does not, however, contain any discussion of […]

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